• Conveyance case withdrawal

Dear Alll

We have land conveyance case in Dindoshi court going on from 2002 . Now a builder has come and offered us to help us with deemed conveyance which requires withdrawal of Dindoshi case.Court case was once dismissed and reopned due to negligence of previous lawyet.In this case if I withdraw my case  and try for deemed conveyance? Also for some reason deemed conveyance do not happen can i refile or reopen case again ?
Asked 2 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) once you with draw the case you cannot reopen the said case

2) you can file fresh case with permission of court 

3) it is better you file consent terms in the existing case with the  builder 
Ajay Sethi
Advocate, Mumbai
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) once you with draw the case you cannot reopen the said case

2) you can file fresh case with permission of court 

3) it is better you file consent terms in the existing case with the  builder
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
You will not be able to refile the case after you withdraw it unless there is a fresh cause of action in your favour. Execute an agreement with the builder before withdrawing the case so that you may sue him for specific performance of the contract. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Well, do not just withdraw the case unless and until the conveyance deed happens.
2. So first take money, execute the deed and then withdraw the suit.
3. Once you withdraw the suit later it would be difficult for you to reverie the suit.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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The suit filed by you has to be perused to advise, so consult a lawyer with suit papers.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Amicable settlement is the best option 
Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
5.0 on 5.0
.In this case if I withdraw my case  and try for deemed conveyance? Also for some reason deemed conveyance do not happen can i refile or reopen case again ?

If you withdraw the case as not pressed then then the court may dismiss the case as not pressed thereby you may not be able to reopen the case at a later stage.  You cannot file a similar suit also at a later stage as law of res-judicata operates.
So take a firm decision  ascertaining the prevailing circumstances keeping in view the future developments as well as the pros and cons. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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Building is not in great condition with C certification from BMC .What will be best course of action.

You have to decide about the next course of action based on the gravity of the prevailing situation as well  as confidence level in the builder who is offering this proposal. 
The builder may come out with any such attractive offers but you should ensure the genuineness of the offer
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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